§ 36-10-9. Retirement on service allowance — In general.
Retirement of a member on a service retirement allowance shall be made by the retirement
board as follows:
(1)(a)(i) Any member may retire upon his or her written application to the retirement board
as of the first day of the calendar month in which the application was filed; provided,
the member was separated from service prior thereto; and further provided, however,
that if separation from service occurs during the month in which application is filed,
the effective date shall be the first day following that separation from service;
and provided further that the member on his or her retirement date attained the age
of sixty (60) and completed at least ten (10) years of contributory service on or
before July 1, 2005, or who, regardless of age, has completed twenty-eight (28) years
of total service and has completed at least ten (10) years of contributory service
on or before July 1, 2005, and who retire before October 1, 2009, or are eligible
to retire as of September 30, 2009.
(ii) For members who become eligible to retire on or after October 1, 2009, and prior to
July 1, 2012, benefits are available to members who have attained the age of sixty-two
(62) and completed at least ten (10) years of contributory service. For members in
service as of October 1, 2009, who were not eligible to retire as of September 30,
2009, but become eligible to retire prior to July 1, 2012, the minimum retirement
age of sixty-two (62) will be adjusted downward in proportion to the amount of service
the member has earned as of September 30, 2009. The proportional formula shall work
as follows:
(1) The formula shall determine the first age of retirement eligibility under the laws
in effect on September 30, 2009, which shall then be subtracted from the minimum retirement
age of sixty-two (62).
(2) The formula shall then take the member's total service credit as of September 30,
2009, as the numerator and the years of service credit determined under (1) as the
denominator.
(3) The fraction determined in (2) shall then be multiplied by the age difference determined
in (1) to apply a reduction in years from age sixty-two (62).
(b)(i) Any member, who has not completed at least ten (10) years of contributory service
on or before July 1, 2005, may retire upon his or her written application to the retirement
board as of the first day of the calendar month in which the application was filed;
provided, the member was separated from service prior thereto; and further provided,
however, that if separation from service occurs during the month in which application
is filed, the effective date shall be the first day following that separation from
service; provided, the member or his or her retirement date had attained the age of
fifty-nine (59) and had completed at least twenty-nine (29) years of total service
or provided that the member on his or her retirement date had attained the age of
sixty-five (65) and had completed at least ten (10) years of contributory service;
or provided, that the member on his or her retirement date had attained the age of
fifty-five (55) and had completed twenty (20) years of total service provided, that
the retirement allowance, as determined according to the formula in § 36-10-10 is reduced actuarially for each month that the age of the member is less than sixty-five
(65) years, and who retire before October 1, 2009, or are eligible to retire as of
September 30, 2009.
(ii) For members who become eligible to retire on or after October 1, 2009 and prior to
July 1, 2012, benefits are available to members who have attained the age of sixty-two
(62) and completed at least twenty-nine (29) years of total service or have attained
the age of sixty-five (65) and completed at least ten (10) years of contributory service.
For members in service as of October 1, 2009, who were not eligible to retire as of
September 30, 2009, but become eligible to retire prior to July 1, 2012, who have
a minimum retirement age of sixty-two (62), the retirement age will be adjusted downward
in proportion to the amount of service the member has earned as of September 30, 2009.
The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirement eligibility under the laws
in effect on September 30, 2009, which shall then be subtracted from the minimum retirement
age of sixty-two (62).
(2) The formula shall then take the member's total service credit as of September 30,
2009, as the numerator and the years of service credit determined under (1) as the
denominator.
(3) The fraction determined in (2) above shall then be multiplied by the age difference
determined in (1) to apply a reduction in years from age sixty-two (62).
(c) Effective July 1, 2012, the following shall apply to all members not eligible to retire
prior to July 1, 2012:
(i) A member with contributory service on or after July 1, 2012, shall be eligible to
retire upon the completion of at least five (5) years of contributory service and
attainment of the member's Social Security retirement age.
(ii) For members with five (5) or more years of contributory service as of June 30, 2012,
with contributory service on and after July 1, 2012, who have a retirement age of
Social Security Retirement Age, the retirement age will be adjusted downward in proportion
to the amount of service the member has earned as of June 30, 2012, but in no event
shall a member's retirement age under this subparagraph (ii) be prior to the attainment
of age fifty-nine (59) or prior to the member's retirement age determined under the
laws in effect on June 30, 2012. The proportional formula shall work as follows:
(1) The formula shall determine the first age of retirement eligibility under the laws
in effect on June 30, 2012, which shall then be subtracted from Social Security retirement
age;
(2) The formula shall then take the member's total service credit as of June 30, 2012,
as the numerator and the projected service at retirement age in effect on June 30,
2012, as the denominator;
(3) The fraction determined in (2) shall then be multiplied by the age difference determined
in (1) to apply a reduction in years from Social Security retirement age.
(iii) Effective July 1, 2015, a member who has completed twenty (20) or more years of total
service and who has attained an age within five (5) years of the eligible retirement
age under subparagraphs (c)(i) or (c)(ii) above or subsection (d) below, may elect
to retire provided that the retirement allowance shall be reduced actuarially for
each month that the age of the member is less than the eligible retirement age under
subparagraphs (c)(i) or (c)(ii) above or subsection (d) below in accordance with the
following table:
| Year Preceding |
Cumulative Annual |
Cumulative Monthly |
| Retirement |
Reduction |
Reduction |
| For Year 1 |
9% |
.75% |
| For Year 2 |
8% |
.667% |
| For Year 3 |
7% |
.583% |
| For Year 4 |
7% |
.583% |
| For Year 5 |
7% |
.583% |
(iv) Notwithstanding any other provisions of section 36-10-9(c), a member who has completed ten (10) or more years of contributory service as of
June 30, 2012, may elect to retire at his or her eligible retirement date as determined
under paragraphs (1)(a) and (1)(b) above provided that a member making an election
under this paragraph shall receive the member's retirement benefit determined and
calculated based on the member's service and average compensation as of June 30, 2012.
This provision shall be interpreted and administered in a manner to protect a member's
accrued benefit on June 30, 2012.
(d) Notwithstanding any other provisions of subsection (c) above, effective July 1, 2015,
members in active service shall be eligible to retire upon the earlier of: (A) The
attainment of at least age sixty-five (65) and the completion of at least thirty (30)
years of total service, or the attainment of at least age sixty-four (64) and the
completion of at least thirty-one (31) years of total service, or the attainment of
at least age sixty-three (63) and the completion of at least thirty-two (32) years
of total service, or the attainment of at least age sixty-two (62) and the completion
of at least thirty-three (33) years of total service; or (B) The member's retirement
eligibility date under subsections (c)(i) or (c)(ii) above.
(2) Any faculty employee at a public institution of higher education under the jurisdiction
of the council on postsecondary education shall not be involuntarily retired upon
attaining the age of seventy (70) years.
(3)(i) Except as specifically provided in § 36-10-9.1, §§ 36-10-12 — 36-10-15, and §§ 45-21-19 — 45-21-22, (I) On or prior to June 30, 2012 no member shall be eligible for pension benefits
under this chapter unless the member shall have been a contributing member of the
employee's retirement system for at least ten (10) years, or (II) For members in active
contributory service on or after July 1, 2012, the member shall have been a contributing
member of the retirement system for at least five (5) years.
(ii) Provided, however, a person who has ten (10) years service credit on or before June
16, 1991, shall be vested.
(iii) Furthermore, any past service credits purchased in accordance with § 36-9-38 shall be counted towards vesting.
(iv) Any person who becomes a member of the employees' retirement system pursuant to § 45-21-4 shall be considered a contributing member for the purpose of chapter 21 of title 45 and this chapter.
(v) Notwithstanding any other provision of law, no more than five (5) years of service
credit may be purchased by a member of the system. The five (5) year limit shall not
apply to any purchases made prior to January 1, 1995. A member who has purchased more
than five (5) years of service credits before January 1, 1995, shall be permitted
to apply those purchases towards the member's service retirement. However, no further
purchase will be permitted. Repayment in accordance with applicable law and regulation
of any contribution previously withdrawn from the system shall not be deemed a purchase
of service credit.
(vi) Notwithstanding any other provision of law, effective July 1, 2012, except for purchases
under §§ 16-16-7.1, 36-5-3, 36-9-31, 36-10-10.4, and 45-21-53, (A) For service purchases for time periods prior to a member's initial date of hire,
the purchase must be made within three (3) years of the member's initial date of hire,
(B) For service purchases for time periods for official periods of leave as authorized
by law, the purchase must be made within three (3) years of the time the official
leave was concluded by the member. Notwithstanding the preceding sentence, service
purchases from time periods prior to June 30, 2012, may be made on or prior to June
30, 2015.
(4) No member of the employees' retirement system shall be permitted to purchase service
credits for casual, seasonal, or temporary employment, or emergency appointment, for
employment as a page in the general assembly, or for employment at any state college
or university while the employee is a student or graduate assistant of the college
or university.
(5) Except as specifically provided in §§ 16-16-6.2 and 16-16-6.4, a member shall not receive service credit in this retirement system for any year
or portion of it, which counts as service credit in any other retirement system in
which the member is vested or from which the member is receiving a pension and/or
any annual payment for life. This subsection shall not apply to any payments received
pursuant to the federal Social Security Act or to payments from a military pension
earned prior to participation in state or municipal employment, or to military service
credits earned prior to participation in state or municipal employment.
(6) A member who seeks to purchase or receive service credit in this retirement system
shall have the affirmative duty to disclose to the retirement board whether or not
he or she is a vested member in any other retirement system and/or is receiving a
pension, retirement allowance, or any annual payment for life. The retirement board
shall have the right to investigate as to whether or not the member has utilized the
same time of service for credit in any other retirement system. The member has an
affirmative duty to cooperate with the retirement board including, by way of illustration
and not by way of limitations the duty to furnish or have furnished to the retirement
board any relevant information which is protected by any privacy act.
(7) A member who fails to cooperate with the retirement board shall not have the time
of service counted toward total service credit until such time as the member cooperates
with the retirement board and until such time as the retirement board determines the
validity of the service credit.
(8) A member who knowingly makes a false statement to the retirement board regarding service
time or credit shall not be entitled to a retirement allowance and is entitled only
to the return of his or her contributions without interest.